KAMISETTI VENUGOPALA RAO NAIDU Vs. KYANAM HANUMANTHA RAO

JUDGEMENT

(1.) THIS is an appeal from a judgment & decree of the Court of the Subordinate Judge of Masulipatam dismissing the appellant's suit for redemption of the mortgage deed dated 27 -7 -1909, and for possession of the land specified in the plaint schedule.

(2.) THE claim of the plaintiff for the above relief was, as stated in the plaint, founded on the following allegations. He acquired the lands described in the plaint schedule on payment of nazarana from the Court of Wards then in charge of the South Vallur Estate by means of a registered patta, dated 20 -1 -1909. Having become indebted to the 1st defendant's family in a sum of Rs. 8,000/ - he and others executed a simple mortgage, hypothecating the scheduled lands on 27 -7 -1909.

(3.) THE 2nd defendant contended that purchased an extent of Ac. 50 -14 cents in S. No. 314 and 65 cents in S. No. 297/8 for Rs. 20,000/ - from the 1st defendant on 13 -4 -1947. He claimed that he spent Rs. 10,000/ - for improving lands purchased by him.